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HomeMy WebLinkAboutNS-1631REL:adg 2/25/82 ORDINANCE NO. NS-1631 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNCIPAL CODE BY AMENDING SECTION 33-47 AND ADDING SECTIONS 33-48, 33-49, 33-50, 33-51, 33-52, AND 33-53 TO REVISE THE REQUIREMENTS FOR STREET DEDICATIONS AND IMPROVEMENTS ORDAIN AS THE CITY COUNCIL OF FOLLOWs: THE CITY OF SANTA ANA DOES Municipal SECTION 1: That Section 33-47 of the Santa Ana Code, is hereby amended to read as follows: Sec 33-47. Street dedications and public improvements required for the issuance of a construction permit. No building permit shall be issued for the erection, construction or enlargement of any building or structure in the City of Santa Ana which aggregate work performed within any twelve (12) month period exceeds five hundred (500) square feet of floor area, nor for the enlargement, alteration or repair of any structure in the City of Santa Ana within any twelve (12) month period which aggregate work exceeds Five Thousand Dollars ($5,000) valuation, until there has first been compliance with the requirements of Sections 33-49 through 33-53 of this Chapter, except that when a utility release is necessary prior to occupation of the building or structure, such building permit may be issued, but no utility release shall be granted until there has first been compliance with such requirements. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a Section, to be numbered 33-48, which said Section reads as follows: Sec. 33-48 Same - Waivers The dedications required by Section 33-49 and/or improvements required pursuant to Section 33-50 shall be waived by the Director of Transportation if and to the extent that they do not fulfill any increased public need which may reasonably be anticipated to emanate from the use of the building or structure upon completion of the work performed. "Work performed" shall include aggregate work performed on the building or structure within any twelve (12) month period. "Increased public need" shall include, but not be limited to, any significant increase in traffic volume or congestion or in disruption of the smooth flow of traffic, or any significant increase in demand for or use of other public improvements, which would be mitigated or served by the required dedications and improvements. Any decision by the Director of Transportation against waiver pursuant to this Subsection may be appealed to the City Council pursuant to Chapter 3 of this Code. SECTION 3: That the Santa Ana Municipal Code, is hereby amended by adding a Section, to be numbered 33-49, which said Section reads as follows: ORDINANCE NO. NS--1631 PAGE TWO Sec. 33-49. Same - Dedications (a) Prior to the issuance of a building permit subject to Section 33-47, the owner of the lot on which the building or structure is located shall dedicate for public right-of-way purposes all portions of the lot located within any planned street or alley extension or adjacent to any public street or alley, which are not yet dedicated for such purposes and which are necessary to complete such street to its planned ultimate width as designated by the future right- of-way lines established by Sections 41-699 through 41-732 of this Code or by a specific plan of street alignment established by Sections 41-733 through 41-748 of this Code, or in the absence of any such planned ultimate width, to a width of sixty (60) feet in the case of a street, or twenty (20) feet in the case of an alley. (b) In unusual circumstances, the Director of Transportation may reduce or waive the street right-of-way required to be dedicated if the right-of-way does not have a planned ultimate width and the existing street right-of-way is less than sixty (60) feet in width, and there is no reasonable prospect of the existing street right-of-way being widened in the future in the area of the lot. (c) In addition, at each intersection of an arterial street intersection with any other street there shall be a dedication sufficient to provide a property line radius of not less than twenty-seven (27) feet. At intersections of other streets there shall be a dedication sufficient to provide a property line radius of not less than seventeen (17) feet. At intersections of alleys with streets there shall be a dedication sufficient to provide a triangular cut-off of ten (10) feet along each property line. (d) In such cases as the lot abuts an arterial street, the owner of the lot shall also waive vehicular access rights to the arterial street except at driveways approved by the Director of Transportation. (e) In the event that the Director of Transportation determines that immediate dedication would not be in the interests of the City of Santa Ana, he may, subject to approval of the City Council, accept either an irrevocable offer of dedication pursuant to Government Code Section 7050, or an agreement between the City and the owner to dedicate in the future, in lieu of present dedication. SECTION 4: That the Santa Ana Municipal Code, is hereby amended by adding a Section, to be numbered 33-50, which said Section reads as follows: Sec. 33-50. Same - Public Improvements (a) Prior to the issuance of any permit subject to Section 33-47, the following improvements, to the extent not already existing, or to the extent that restoration replacement, and/or relocation to a safe condition in accordance with city standards is necessary, shall be installed, restored, replaced, and/or relocated in the public right-of-way adjacent to the subject parcel at the sole expense of the owner or occupant or other person or entity interested in the issuance of the permit: ORDINANCE NO. NS- 1631 PAGE THREE (1) Sidewalks; (2) Curbs and gutters; (3) Street and alley pavement; (4) Driveway approaches, and removal of abandoned driveway approaches and replacement with standard curb, gutter and sidewalks; (5) Sewer and drainage facilities; (6) Street lights and installation facilities (7) Street trees and parkway landscaping (8) Bike trails (b) In addition to the improvements specified in Subsection (a), whenever the permit subject to Section 33-47 is for development of such magnitude that it can reasonably be anticipated to substantially increase traffic congestion in any street or streets in the vicinity of the subject parcel, then, prior to the issuance of such permit, traffic signals and/or other traffic control devices which, in the opinion of the Director of Transportation, will mitigate such congestion, shall be installed at such locations on such streets as are determined by the Director to be appropriate at the sole expense of the owner or occupant or other person or entity interested in the issuance of the permit. SECTION 5: That the Santa Ana Municipal Code is hereby ~mended by adding a Section, to be numbered 33-51, which said Section reads as follows: Sec. 33-51. Same - Standards of installation Ail public improvements required under Section 33- 50 shall be designed and constructed in accordance with the standards of the City of Santa Ana. The Director of Transportation may require that plans be prepared by a registered civil engineer showing line and grade of the public improvements required to be constructed by this Section. When such plans are required, no public improvement construction work shall be commenced until such plans are approved by the Director of Transportation. SECTION 6: That the Santa Ana Municipal Code, is hereby amended by adding a Section, to be numbered 33-52, which said Section reads as follows: Sec. 33-52. Same - Agreement for future installation of improvements Whenever the Director of Transportation determines that immediate installation of public improvements set forth in 33-49 is not required by the public interest and that the owner, lessee, or other person interested in obtaining the building permit for the subject property is willing to pay to the city the costs of installation, as determined by the Director, the Director may, on behalf of the City, enter into an agreement with such party to provide for the future installation of the improvement on the following terms: ORDINANCE NO. NS-1631 PAGE FOUR (1) The party entering into the agreement with the City shall be required to pay to the City a specified amount represent- ing the present costs of installation of the improvements. (2) The City shall have the right to install the improvements thereafter at such time as the City shall deem appropriate, in which event neither the party entering into the agreement nor any other person shall either be obligated to pay any additional amount for the costs of such improvements or be entitled to any refund of any portion of the amount paid, except as provided in (4) below. (3) In the event that the required improvements are subsequently installed by a person or entity other than the City, the party entering into the agreement, or his heirs, devisees, assigns, or duly authorized agent, or such other persons or entity as may be designated in the agreement, shall be entitled to a refund of the amount paid; provided, however, that no refund shall be made until all required improvements have been installed in accord- ance with City standards and specifications unless otherwise specified in the agreement. (4) In the event that any part of the required improvements are subsequently included within the scope of public improvements to be installed pursuant to special assessment district financing, or similar limited fund financing procedure, the party entering into the agreement, or his heirs, devisees, assigns, or duly authorized agent, or such other person or entity as may be designated in the agreement, shall be entitled to a refund in an amount which bears the same proportion to the amount paid under the agreement as the costs of the required improvements included within the scope of the publicly financed improvements bears to the total costs of the required improvements; provided, however, that the agreement may apportion the costs of the required improvements according to type or location and may provide for the amount of the refund to be credited to any assessment levied against the subject parcel in lieu of refund. (5) In no event shall any person or entity other than the City be entitled to receive any amount representing interest on the amount paid to the City pursuant to the agreement. Upon execution of such agreement and payment of the amount specified therein, a building permit or utility release subject to Section 33-47 may be issued. ORDINANCE NO. NS-1631 PAGE FIVE SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding a Section, to be numbered 33-53, which said Section reads as follows: Sec. 33-53. Same - Alternative Form of Agreement In lieu of the agreement specified in Section 33- 52, the Director of Transportation may enter into an agreement with any person interested in obtaining a building permit subject to Section 33-47 which requires such person to cause the required improvements to be installed without expense to the City within a specified period of time, provided such person furnishes security in the form of a bond or bonds by one or more duly authorized corporate sureties in connection with the performance of such agreement in the same manner as required for security of agreements pursuant to Chapter 5 of the Subdivision Map Act. Upon execution of such agreement and the furnishing of the required security, a building permit or utility release subject to Section 33-47 may be issued. ADOPTED this 17th day of May , 1982, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Acosta, Griset, Luxembourger, Markel, McGuigan None ABSENT: COUNCILMEMBERS: Bricken, Serrato ATTEST: MAYOR CITY ATTO N --